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History
- Print number 3293a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the use of ultra low sulfur diesel fuel and the best available technology by the state
In Assembly Committee · Environmental Conservation · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3293A
Title of bill
An act to amend the environmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technology by the state
Purpose
The purpose of the legislation is to remove private sector vehicles and to extend the period of compliance for the retrofitting of heavy-duty diesel vehicles pursuant to the Diesel Emissions Reduction Act of 2006 (DERA) as well as the useful life waiver.
Summary of provisions
The legislation amends section 19-0323 of the environmental conservation law to extend the time period by which vehicles owned by, operated by or leased by a state agency or public authority must be retrofitted with diesel particulate filter devices. All vehicles must be retrofitted by December 31, 2015. The legislation also provides a complete exemption for all private sector vehicles and extends the useful life waiver.
Existing law
Current law requires all heavy-duty diesel vehicles to be retrofitted with diesel particulate filter devices by December 31, 2013. The enacted 2012-13 state budget extended the time period of compliance for retro-fitting from December 31, 2012 to December 31, 2013. The State of New York Supreme Court, Appellate Division released their decision on the court case challenging the DEC regulations (Matter of New York Construction Materials Association. Inc. v. New York State Department of Environmental Conservation. et al).
Justification
The Diesel Emissions Reduction Act (DERA) applies to all heavy-duty diesel vehicles owned by state agencies or public authorities, as well as to private contractors who do work on public job sites pursuant to contracts with state agencies or public authorities. Along with requiring the use of ultra low sulfur diesel fuel, DERA requires all applicable heavy-duty diesel vehicles to be retrofitted with diesel particulate devices to reduce the emissions of sulfur dioxide, nitrogen oxides and other pollutants by December 31, 2013.
While reducing the emissions of various pollutants is certainly a worthy goal, the best available technology for retrofitting heavy-duty diesel vehicles has proven to be cost-prohibitive for many businesses in New York State, running as high as $25,000 to $30,000 per truck. These hefty costs will present many challenges for businesses in the state, that are already struggling with ever-increasing costs associated with taxes, insurance and workers' compensation premiums, energy and fuel, along with other production costs. Exempting all private sector vehicles will relieve many businesses from this sizeable investment that they are simply unable to pay and would force them to close their doors. In addition, the cost of retrofitting will exceed the value of certain vehicles in company fleets.
Legislative history
S.2369C of 2012
Fiscal implications
The bill would likely result in significant savings to the state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.